Friday, July 31, 2009

A former top ACA official has called for a stop to all speculation and unsavoury remarks against the Malaysian Anti-Corruption Commission (MACC), and to wait for the outcome of Royal Commission of Inquiry into the death political aide Teoh Beng Hock.The call was sounded by the former Anti-Corruption Agency (ACA) director on investigations Abdul Razak Idris (right) who said, "MACC is now pre-judged and this is not right. We have to wait for the inquest as it involves sudden death. Moreover, it will be a special inquest because of the publicity and sensitivity of this case.

"We do not know what had happened out there. People talk out of frustration, speculation, sentiments, political spite and anger.”

He advised the public not to indulge in negative speculation, instead allow the inquest run its course.

“If an officer is guilty, let him be charged. If MACC is at fault, let the natural course of justice prevail. If the rules and regulations are not right, then the royal commission will recommend the right course of action," he said.

He maintained that the MACC has always been neutral, working without 'fear or favour'.

Abdul Razak maintained that the officers are trained to be neutral.

“You cannot just work for the ruling party. It would affect your conscience. ACA and the present MACC have never been biased,” he said.

Bigwigs not spared

Whether people know or not, all mentris besar, irrespective of being in the opposition or with the ruling party have been subjected to probes by these anti-corruption bodies, he said.

“We have even investigated prime ministers.” He added that leaders must realise that once in power the public's eye will be on them.

Those days, he added, they had to amass 90 percent of the evidence before a person could be charged.

He said Section 30 of the MACC 2009 Act bestows very wide powers on the investigating officer to call up witnesses at anytime. However, he said that there are also guidelines for the accused and rules for lockups.

"If they assault a witness, they can be punished under the Penal Code. However, as far as witnesses are concerned, we can interview them anytime of the day and night.

Abdul Razak said that the term “day to day” as stated in Section 30 (3)(a) of the MACC 2009 Act does not mean "daytime" but "running from day to day".MACC accommodating body

"If the complainant lodges the report at night, then should we not record his statement at that time itself?

Abdul Razak said that although the officers do not go out of the normal norms and procedures or go against human rights, they are allowed to conduct interviews after office hours or at night.

"If the witness is only free in the evenings or nights, then we can accommodate him at night. It all depends on various circumstances. There cannot be any hard and fast rule," he said.

There's no set time limit for interviews as every investigator will have his own style of doing his work. So fixing time limits will not be effective.

"He manages his own investigation. The Act provides that we can interview anytime. Investigators are supposed to work 24 hours.

"Investigators are also humans. During my heydays, we used to sleep in the office and sometimes with the witnesses, complainants or even the accused. Those days we did not have lock-ups. So we arrested and investigated there and then," he said.

He said people tend to mistake interviews for interrogations but the objective remains the same, which is to get the truth and evidence from the witness.

Officers do not upset witnesses by making racial slurs as this could defeat the purpose of digging out the truth.

"If you make a person angry, you will not get the truth. In any interview or interrogation, there is a way to make people talk and tell the truth without resorting to physical force or abuse," he said.

Malaysiakini has launched a Facebook poll to gauge public sentiments on the government proposed royal commission set up to probe the death of political aide Teoh Beng Hock.

The poll, which commenced on July 28, has so far drawn nearly 400 voters as of 2pm today.

An overwhelming majority felt that the commission's terms of reference should be expanded in order to get to the bottom of the mysterious circumstances surrounding the death.

A link to the poll was sent to all Malaysiakini Facebook group members, but other Facebook users could also vote.

Respondents were asked for their opinion on the investigation. They were allowed to either express satisfaction with the government's proposed inquest and royal commission; propose that the royal commission's terms of reference be expanded to cover the cause(s) of Teoh's death; state that the inquest and royal commission are not necessary and that the police can handle the case by themselves; or choose a blank option ("Others") and state their suggestions in the poll's comment section.

Join the poll

So what do those who voted for "Others" want to say?

Respondent Ivy Mok said, "It doesn't really matter who is going to investigate this. The result will be what the wise men want and may not be the truth."

Another participant, Boon Jin Tek, is in agreement, "If we look at this logically, if the notion is that the BN government is using MACC (Malaysian Anti-Corruption Commission) to attack PKR, would a royal commission or any inquest by the same people yield any positive results?

"I wonder if it is possible for a neutral party, i e some investigative institution from the Commonwealth or the UN (to investigate Teoh's death)."

Teoh died on July 16 after he was grilled by MACC Selangor officers into the wee hours of the morning.

He is said to have plunged to his death from the 14th floor-MACC Selangor office in Plaza Masalam.

He was questioned over the corruption allegations against his boss and Selangor exco Ean Yong Hian Wah.

Thursday, July 30, 2009

SHAH ALAM: The inquest into the death of political aide Teoh Beng Hock at the Magistrates Court here has been postponed to Aug 5 at the request of lawyers representing the family, the Selangor Government and the Bar Council.

Coroner Azmil Muntapha Abas granted the request after hearing arguments from Gobind Singh Deo who had said that the lawyers needed time to study all relevant documents, as well to grant the Malaysian Government time to consider the family’s request that a Royal Commission of Inquiry be established to investigate the death.

Azmil Muntapha had earlier granted lawyers appointed by the family and the Selangor Government “interested party” status, allowing them to question witnesses during the inquest, which was expected to last 15 days.

The Bar Council had also led a team to hold a watching brief and who requested “interested party” status.

Tan Hock Chuan, acting for the Attorney-General, said he had no objections regarding the first two groups but said the lawyers holding a watching brief for the Bar Council did not fall within the applicable provisions to be granted such a status.

The Bar Council lawyers, led by Hisyam Teh, told coroner Azmil Muntapha that there may be questions that they would want to ask the witnesses and assured him that all these questions would be relevant.

Coroner Azmil Muntapha, who is also the Shah Alam High Court deputy registrar, finally allowed them to participate, and to question witnesses.Teoh, 30, was found dead on July 16 at Plaza Masalam the morning after he was interviewed for 10 hours by the Malaysian Anti-Corruption Commission (MACC), which has its state office on the 14th floor of the building.

Teoh, who is the political secretary to Selangor exco member Ean Yong Hian Wah, was reported to be a witness in the investigation into the alleged abuse of constituency development funds by several Selangor Pakatan Rakyat state assemblymen.

Reports had said that Teoh was released after his statement was recorded, but had asked to sleep on the sofa at the office. His death was believed to have taken place between 6am and 8am on July 16.

The inquest is on despite many quarters questioning its effectiveness and calling for a Royal Commission of Inquiry instead to determine the cause of Teoh’s death.

Prime Minister Datuk Seri Najib Tun Razak announced the inquest to probe his death and a Royal Commission to look into the MACC’s investigation and questioning procedures with regard to Teoh.

Holding a watching brief for the family at the inquest are Gobind, Sankara Nair, Lim Lip Eng and Karpal Singh (who was not present in court Wednesday).

Acting for the Selangor Government are Malik Imtiaz Sarwar, Ashok Kandiah, Sreekanth Pillai and Asmah Yunos.

Earlier, Gobind said that Teoh’s family was participating in the inquest under protest.

He asked for a postponement on the grounds that the family, at a meeting with Najib on Tuesday, had appealed to the Prime Minister to set up the Royal Commission of Inquiry to investigate Teoh’s death.

He said that the Cabinet will hold its weekly meeting later Wednesday, and if it decided to accede to the family’s request, the inquest would be redundant since the Royal Commission would have a wider scope of powers to determine what had led to the death.

He also said that the lawyers acting for the family and the Selangor Government had not been given the relevant documents which included the pathologists’ reports.

He said they would also need time to study the post-mortem DNA report, and asked why the Government is in “such a hurry.”

The Attorney-General’s team however argued that as this was an inquest and not a trial, it is not obliged to share these documents under the law.

However, Tan, who was leading the team, said the state was willing to furnish all documents, except witnesses’ statements.

A total of 80 witnesses are expected to be called to tesitify in the inquest, according to police records, at least 28 of them MACC officers. More than 60 witnesses were registered outside the witness waiting room at the Magistrates Court on Wednesday morning.

Also subpoenaed is Teoh’s fiancee Soh Cher Wei, who confirmed that she was called to appear before the inquest.

Other key witnesses expected to be called are the three pathologists from University Malaya Medical Centre and Tengku Ampuan Rahimah Hospital and three chemists who handled Teoh’s case.

Journalists had started gathering outside the courtroom at 7.30am on Wednesday, and by 8.20am, Teoh’s family arrived.

Among those attendinjg the inquest on Wednesday were DAP adviser Lim Kit Siang, Kota Alam Shah assemblyman M. Manoharan who has also been listed as a witness, state executive councillor Dr Xavier Jeyakumar and Bar Council president Ragunath Kesavan.

Lim had earlier asked why the Attorney-General’s team was being led by Tan, a criminal lawyer, and not a deputy public prosecutor.

SHAH ALAM: The inquest into the death of political aide Teoh Beng Hock has been postponed to Aug 5 to give more time to the lawyers to study all the documents.

Coroner Azmil Muntapha Abas granted the request from Gobind Singh Deo, who is holding a watching brief for Teoh’s family.

Gobind said an adjournment would also give the Government time to consider the appeal made by Teoh’s family for his death to be investigated by a Royal Commission of Inquiry and not an inquest.

“The family have appealed to the Prime Minister to reconsider the decision and the Cabinet is meeting today. We request that the proceedings be adjourned pending the outcome of their appeal,” Gobind said, adding that the family was only participating in the inquest “under protest”.

Also in Gobind’s team are Sankara Nair, Lim Lip Eng and Karpal Singh (who was not in court yesterday).

Gobind also asked for copies of the relevant documents, including the pathologists’ reports and witness statements, to be given to lawyers representing the family and state.

They include the post-mortem, forensics, toxicology and criminology reports, closed-circuit television (CCTV) clips and DNA samples.

To this, Tan retorted: “Since my learned friend Gobind is making so much of noise, I suggest we give him copies of all the documents.

“We are prepared to give the documents and the state is ready to start the inquest. But we are not providing witness statements. Everything else, we will provide,” he said.

Earlier, Azmil Muntapha granted “interested party status” to lawyers appointed by the family and the state government, allowing them to question witnesses during the inquest, expected to last for 15 days.

The Bar Council, which led a team to hold a watching brief, also requested for the “interested party status”.

However, Tan, who did not object to the first two groups, said lawyers holding a watching brief for the Bar Council did not fall within the applicable provisions to be granted such a status.

The coroner, who is the Shah Alam High Court deputy registrar, allowed the Bar Council lawyers to participate and ask questions in the inquest.

Teoh, 30, was found dead on July 16 on the fifth floor of Plaza Masalam the morning after he was interviewed by the Malaysian Anti-Corruption Commission (MACC), which has its state office on the 14th floor of the building.

Teoh, who was political secretary to Selangor exco member Ean Yong Hian Wah, was reported to be a witness in an investigation into the alleged abuse of constituency development funds by several Selangor Pakatan Rakyat state assemblymen.

Reports had said that Teoh was released after his statement was recorded, but had asked to sleep on the sofa in the office.

His death is believed to have taken place between 6am and 8am.

The inquest is on despite many quarters questioning its effectiveness. Many parties wanted the Royal Commission of Inquiry to be the forum to unravel Teoh’s suspicious death and determine the cause.

Prime Minister Datuk Seri Najib Tun Razak announced the inquest to probe his death and the inquiry to determine if Teoh’s human rights were violated when he was questioned by the MACC.

SHAH ALAM: In an unprecedented move, the Government has appointed a lawyer in private practice as lead counsel representing the Attorney-General’s Chambers in the inquest into the death of political aide Teoh Beng Hock.

Generally, it would be a Deputy Public Prosecutor who would assist the coroner in an inquest but this time, senior criminal lawyer Tan Hock Chuan has been picked for the job.

According to former A-G’s Chambers Classified Cases Unit head Datuk Salehuddin Saidin, this may be the first time a lawyer has been appointed to represent the chambers.

This was probably due to the sensitivity of the case, he said.

“Perhaps, they wanted to have an independent person,” said Salehuddin, who is now in private practice.

Speaking to reporters after the adjournment of the inquest, Tan said he was an advocate and solicitor appointed for the task by the Government with the written consent of the Public Prosecutor.

The former DPP said he was appointed by the A-G two days ago, adding that he did not know why he was picked.

Meanwhile, a senior lawyer who declined to be named said the Criminal Procedure Code allowed for private practitioners to be appointed to act for the A-G’s Chambers.

He said it was “quite common” in Britain for lawyers in private practice to be appointed to prosecute due to their experience in a particular area of law.

Tan, he said, had vast experience both as a prosecutor and criminal defence lawyer.

Senior lawyer Datuk V. Sithambaram agreed, adding that the A-G even had the power to engage a practising lawyer to prosecute criminal cases, by according him a written consent to do so.

Teoh Beng Hock's death has raised the question as to whether the Malaysia Anti-Corruption Commission (MACC) uses force to extract information from witnesses.

A former Anti-Corruption Agency (ACA) senior officer has claimed that the corruption watchdog used to be a "civil and gentleman's organisation" that has never been accused of abusing or assaulting witnesses or suspects.

"We don't work like the police. We don't resort to using force to extract a confession. But I don't know (what it is like) now," said Mohamad Ramli Manan in an email interview with Malaysiakini on issues raised by Teoh's death.

"If you are a good investigator, you don't need a confession at all. You prove your case from other evidence."

The ACA was upgraded to the Malaysian Anti-Corruption Commission (MACC) in January.

Ramli (left) had stunned the nation in early 2007 when he alleged that then ACA director-general Zulkipli Mat Noor was involved in corruption and a sex offence.

Ramli had served as ACA deputy chief in three states - Kedah, Perak, Negeri Sembilan - before being appointed to head the agency in Kelantan, Malacca, Johor and Sabah.

Zulkipli was cleared by Attorney-General Chambers but his contract was not extended when it expired in March 2007.

Ramli said the ACA, created in 1967, had never resorted to handcuffing suspects or arrested persons. Unlike the police who deal with hardcore criminals, the anti-graft agency deals with white collar crimes where there is minimal risk of suspects escaping.

However, there was a departure from this practice early this year when two Perak Pakatan Rakyat state executive councillors were arrested."We were shocked to see that the exco members who had voluntarily surrendered to the MACC and other suspects were handcuffed for their remand proceedings.

"I would venture to say that the Perak exco suspects were handcuffed just to embarrass them. That speaks of the mentality of MACC officers compared to ACA officers."

Ramli, who retired in 2006, agreed that the ACA had always practised selective investigation.

"They are so afraid to investigate Umno ministers, excos and menteris besar unless they get the green light from the top. Officers who try to do so might find themselves facing trouble.

"MACC would not dare to do what they have done in Selangor and Perak in any of the BN states. They would not dare to handcuff an Umno exco member. That is a fact which nobody can deny."

'Cloak and dagger operation'

Although it has yet to be proven that the MACC used force when interrogating Teoh, Ramli noticed the investigation methods carried out on Selangor Pakatan assemblypersons were not in accordance with investigation procedures.

He revealed that the ACA investigations were divided into two stages and that this procedure is still in effect at the MACC.

An inquiry paper is opened upon receipt of any information. The investigations are conducted in a "cloak and dagger" manner at this stage.

"Nobody knows (this is in progress); not even the targeted suspects know that we are investigating the case since the purpose is to determine the truth or falsity of the information," said Ramli.

Only when the agency is convinced that the information is true, will a full scale investigation begin to secure all evidence to prove the alleged crime, he explained.

"In a full scale investigation, we are pretty sure that a corrupt offence had been committed. There is no such thing as a 'fishing expedition'.

"We know how many witnesses have to be called up and what evidence is available and obtainable from them; where and what documentary evidence we have to take and we also know where these documents are being kept."

Teoh's case handled against norm

According to Ramli, the Director of Operation may issue an 'Operation Order' detailing, mapping out and strategising the investigation if the case involves high-profile figures.

While he was heading the Sabah ACA, Ramli was Director of Operations in a case allegedly involving former Land and Cooperative Development Minister Kasitah Gaddam.

Ramli said such operations start in the morning and end about 7pm to 8pm. At this time, the officers will decide which suspects are to be further detained or whether the questioning should end.

"By 9pm the Director of Operations will call for a meeting to evaluate all the evidence that we have obtained and to give instructions for the next day's operations. This enables officers to get rest and prepare for the next day."

In Teoh's case, Ramli surmised from MACC director of investigation Mohd Shukri Abdul's statements that the Pakatan representatives were being investigated based on general information - or the first stage that requires discreet inquiry.

"What they did is against established practice and procedures of investigation methodology [...] I don't know the actual facts of the case," Ramli added.

"But if Shukri says they investigated based on general information received from anonymous sources or their informers, then an investigation through discreet inquiry is the proper investigative method."

SHAH ALAM: A total of 77 people, including 28 Malaysian Anti-Corruption Commission (MACC) personnel and several journalists, have been subpoenaed to appear before the inquest into the death of political aide Teoh Beng Hock which begins today.

Of those, some 40 witnesses have been confirmed to be called before coroner Azmil Muntapha Abas.

Also subpoenaed is Teoh’s fiancee Soh Cher Wei, who confirmed that she was called to appear before the inquest.

Other key witnesses expected to be called are the three pathologists from University Malaya Medical Centre and Tengku Ampuan Rahi- mah Hospital and three chemists who handled Teoh’s case.

Sources familiar with the investigations said three to four security guards are expected to testify today.

Teoh, 30, was found dead on July 16 at Plaza Masalam the morning after he was interviewed for 10 hours by the Malaysian Anti-Corruption Commission.

The MACC is located on the 14th floor of the building.

Teoh, who is the political secretary to Selangor exco member Ean Yong Hian Wah, was reported to be a witness in the investigation into alleged abuse of constituency development funds by several Selangor Pakatan Rakyat state assemblymen.

Selangor police chief Deputy Comm Datuk Khalid Abu Bakar said the subpoenas were served on the 77 people on Monday.

Azmil Muntapha, who is Shah Alam High Court deputy registrar, is likely to be assisted by Deputy Public Prosecutor Idham Abdul Ghani.

The inquest will go on for 15 days.Azmil Muntapha has eight years experience as a judicial officer while Idham has been attached to the trial and appeal division for the past five months.

Idham was formerly a deputy public prosecutor in Johor Baru and has more than 10 years’ experience in handling various cases while he was attached to the prosecution unit of the Attorney-General’s Chambers.

Lawyers Karpal Singh and Gobind Singh Deo will be holding a watching brief for Teoh’s family.

Members of Teoh’s family are expected to be present at the in- quest today.

Selangor Mentri Besar Tan Sri Khalid Ibrahim meanwhile said the Selangor Government would be represented by lawyer Malik Imtiaz Sarwar to ensure that Teoh’s rights and those of his family as well as government officials testifying at the inquest would be taken care of.

Meanwhile, Gobind said the inquest should be deferred as essential aspects of the investigations were not completed.

He said an inquest should only be held after the police have completed their investigations and failed to find a cause of death.

“A deferment for a short while will benefit all parties to the inquest as there would be time for the exchange of documents. Teoh’s family would also be able to seek a second opinion from experts,” he said.

However, Gobind later said he was prepared to proceed with the inquest if the coroner insists on doing so today.

SHAH ALAM: The family of Teoh Beng Hock insists that the royal commission to be set up should also determine the cause of death of the Selangor political aide and not merely scrutinise the mode of questioning employed by the Malaysian Anti-Corruption Commission (MACC).

Teoh’s sister, Lee Lan, said the family expressed appreciation to Prime Minister Datuk Seri Najib Tun Razak for having met family members and explained the setting up of the royal commission of inquiry but felt that the cause of her brother’s death should be determined by the royal commission.

Teoh, 30, political aide to Selangor state executive councillor Ean Yong Hian Wah, was found dead on July 16 on the fifth floor corridor of Plaza Masalam here after having given a statement as a witness to the MACC over allegations of misuse of funds by Selangor state executive councillors.

The MACC office is located on the 14th floor of Plaza Masalam.

On July 22, Prime Minister Datuk Seri Najib Tun Razak announced that an inquest would be held to determine the cause of Teoh’s death.

He also said that a royal commission of inquiry would be set up to determine the standard operating procedure of questioning of witnesses and suspects by the MACC.

Lee Lan spoke to reporters outside the magistrate’s court here where the inquest into Teoh’s death began Wednesday. Teoh’s father Leong Hwee, elder brother Beng Kee and fiancee Soh Cher Wei also attended the hearing.

Coroner Azmil Muntapha Abas adjourned hearing to next Wednesday to enable counsel holding watching brief for the relevant parties to scrutinise the documents made available to the court on Wednesday.

Meanwhile, DAP parliamentary leader Lim Kit Siang said an inquest was not suitable as it had limited scope to determine Teoh’s death.

“Public confidence is involved and public confidence demands a royal commission of inquiry. So, I call for the prime minister, attorney general and the cabinet to respect the wishes of the family by suspending the inquest and establishing a royal commission to find out the cause of Teoh’s death,” he said. -Bernama

SHAH ALAM: The inquest into the death of political aide Teoh Beng Hock was told that DNA from two different persons were detected from a piece of clothing worn by the deceased.

Tan Hock Chuan, who is acting for the Attorney-General, told the inquest on Wednesday that the DNA profile, derived from a swab taken from the outer layer of the back of the blazer worn by Teoh, was a mixture of male DNA types from two individuals.

He added one of the DNA profiles matched with the blood specimen taken from the deceased while the other belonged to an unknown male individual.

Tan said another DNA profile derived from a swab taken from the tear region of a waist belt worn by Teoh also consisted of a mixture of male DNA types.

He added one matched with Teoh’s blood stain specimen whilst the other was from an unknown individual.

He also said swabs were taken from 102 persons to determine whether any of them matched the unknown persons.

Tan said the mystery individual has been labelled as Male 1.

According to Tan, the first DNA report was ready.

“I have been told by the chemist that test on 90 people have been completed and tests on 12 male persons will be conducted,” he added.

He said he had also been told that two persons have refused to give swabs and this delayed the process.

Lawyer Gobind Singh Deo, who is holding a watching brief for Teoh’s family, asked Tan about the DNA profiles.

“We wish to know if any of those 90 specimens match the DNA of the unknown Male 1?” asked Gobind.

He said it was crucial for them to know if there was a match.

“Whether or not it matches, it is best revealed by experts,” said Tan.

Tuesday, July 28, 2009

Prime Minister Najib Abdul Razak met with Teoh Beng Hock's family at his office in Putrajaya this evening at 7.30pm.

According to a Bernama report, the prime minister gave the family his assurance that all effort would be made to find out the cause of the political aide's death during the 30-minute meeting.

Beng Hock's father Teoh Leong Hwee, mother Teng Shuw Hor, elder brother Teoh Beng Kee, younger sister Teoh Lee Lan and fiancee Soh Cher Wei were present at the meeting which was held at the invitation of the premier.

Najib, after offering his sympathies and condolences to the family, told them that he and his cabinet viewed Teoh's death with grave concern.

"No stone will be left unturned in finding out the real cause of death and, if there is any foul play, action will definitely be taken," Najib told them.

Teoh, 30, was found dead on the fifth floor corridor of Plaza Masalam in Shah Alam on July 16 after being interviewed as a witness by the Malaysian Anti-Corruption Commission (MACC).

The commission is located on the 14th floor of the same building. Teoh was being questioned in connection with allegations that certain Selangor state assemblypersons had misused constituency funds.

Teoh was the political aide of Selangor exco member Ean Yong Hian Wah.

A solution for child's surname

At the meeting, Najib also explained to Teoh's family that the setting up of a royal commission of inquiry and the inquest constituted a two-pronged approach to find out the real cause of the unfortunate incident.

He said that the inquiry and inquest would find out whether any aspect as well as other measures taken (by MACC officers) could have been related to or led to the tragic incident.

Najib also said that he would ask the Attorney-General and relevant government departments to find a solution to a request from Soh to allow her unborn child to carry Teoh's surname.

Soh Cher Wei, 28, a school teacher from Semenyih, is two months' pregnant. Teoh was to have registered his marriage to Soh on July 17.

Also present at the meeting was Teoh's relative and former DAP secretary-general Kerk Kim Hock.

Aliran is very disappointed that the government had to appoint two bodies to inquire separately into Teoh Beng Hock's death when that matter could be - and should be - looked into by one single body.

The events leading to his death and the manner of questioning that led to his premature demise are inter-related and connected and it would be only sensible for the Royal Commission of Inquiry to have undertaken this entire task.

It can determine what caused his death and who contributed to this tragic episode and whether the long hours of questioning was a contributory factor.

The mystery surrounding Teoh's death must be vigorously and relentlessly pursued to unearth the truth - something that can only be achieved by the RCI.

Teoh's death has outraged the conscience of this nation. It is difficult to understand how his death could have taken place in a security area without the knowledge of MACC officials who had complete control over the premises.

His death has distressed us and has raised many questions of propriety in the manner he was treated by the investigating personnel(s). We must unravel the mystery that shrouds his death. But in no way can we reconcile to the possibility of a suicide.Why would a young man about to marry the day after, a young man happily looking forward to becoming a father for the first time in about seven months' time would want to take his life!

Let's not forget that he had been on his feet the whole of Wednesday, 15 July 2009, when he was taken in at 5pm for questioning. This gruelling grilling continued into the wee hours of the next morning until 3.45am the next day - nearly 11 hours after he had gone into the MACC building.

Why should a friendly and co-operative witness - that's how a senior official of the MACC described Teoh - be subjected to this inhuman torture especially when as a witness he was there to assist the MACC?

Another witness, Tan Boon Wah, who was in the building at the same time as Teoh, had stated that he had to stand the whole time he was being questioned without food, sleep, rest or break. Beng Hock's session could not have been any different.

Anyone who had been subjected to this torture would have bolted from this hell hole when he was released at 3.45am. Why then didn't he leave the place in a jiffy?

Was it because the nearly 11 hours' of questioning had so drained him physically and emotionally that he was terribly exhausted and too weak to find his way home?

Is that why he plopped down there and then and slipped into a drowsy sleep?

What happened after that? When did he wake up? Who woke him up? Did anybody bother about his presence in that security area? Does it suggest that he was still confined within that building, thus holding the MACC responsible for his safety?

He was confined in an area with strict security measures. Nobody can come in and go out as one pleases. That being the case, shouldn't someone have checked on him to make sure that he left the building in good time?

To say that his body was discovered only at 1.30pm is ludicrous. He must have been in the building confined for nearly 10 hours. Is it reasonable even to think that nobody bothered about his continued presence in the building?

The MACC according to thinking Malaysians is a totally discredited entity that has failed to live up to the peoples' expectations. It is not perceived as an independent, neutral body doing its work without fear or favour.

Instead, it comes across as a body that seems to be hounding the Pakatan elected representatives only. People ask with justification why didn't the MACC act with vigour in pursuing reports made against Khir Toyo's palatial abode costing millions of ringgit?

People are questioning why Balkis was not investigated when they transferred millions of ringgit soon after Pakatan took over the Selangor government? People are wondering why the MACC didn't train their guns on the Barisan Nasional elected representatives who spent millions of ringgit within three months when the Selangor state government fell from the BN to the Pakatan?

Compare their indifference when millions of ringgit were involved implicating certain BN members. On the other hand, look how relentlessly they pursued a matter allegedly involving RM2,400!

These questions need answers. Only a RCI - headed by a person of impeccable integrity - undertaking the entire episode concerning Teoh's death can lay bare the facts of the case.

Standard procedures “were not followed” on July 15 by the Selangor Malaysian Anti-Corruption Commission (MACC), when it questioned DAP political aide Teoh Beng Hock at its office in Shah Alam.

Pointing this out when asked by Malaysiakini, a senior officer who retired from the Anti-Corruption Agency (ACA) in 2006, further alluded to malice on the part of the MACCin having exceeded its powers.

Mohamad Ramli Manan (left), in an email interview, said Teoh's interrogation was carried out beyond office hours and that this could be considered as “unlawful detention”.

The MACC had called in Teoh as part of its investigations into the alleged misuse of constituency development funds by several Selangor Pakatan Rakyat assemblypersons, including his boss and exco member Ean Yong Hian Wah.

“It is against established law and practice to interrogate them (suspects) in the night. The lock-up rules demand that they be sent to a lock-up by at least 8pm,” Ramli said.

“Witnesses are sent back to their offices or homes and asked to be present at another appointed date. I don't know why they had to call Teoh at 5pm. This may be due to poor planning or some evil intention or evil purpose on their part.”

Teoh was reportedly released by the MACC at 3.45am on July 16, but his body was found on the fifth floor balcony of Plaza Masalam about 1.30pm. The MACC occupies the 14th floor of the tower block overlooking the plaza.

During his service with the ACA, Ramli was deputy head in Kedah, Perak and Negri Sembilan, before being appointed to head the agency in Kelantan, Malacca, Johor and Sabah.

He shocked the nation in early 2007 when he alleged that then ACA director-general Zulkipli Mat Noor was involved in corruption and a sex offence.

Zulkipli was later cleared by the attorney-general's chambers, but his contract was not extended when it expired in March 2007.

Witness' consent required

Although the MACC was upgraded from the ACA early this year, Ramli said the investigation and interrogation procedures remain the same.

Under the ACA, interrogation used to begin as early as 8am and end between 7pm and 8pm.

“The rights of a witness are protected more than that of a suspect, who is under detention...the person can demand that the interview be adjourned to the next morning.

“The examining officer has to oblige, failing which this becomes an (unlawful) detention or arrest.”

He said the examining officer must also get the witness' consent to continue the interrogation beyond 8pm.

“Normally witnesses would consent to staying a bit longer until 9-10pm to have their statement recorded. But if they don't consent, there is nothing that the examining officer can do but to request that the interview be continued the next day. This is the law.”

Ramli cited media reports that Ean Yong (left) had turned up at the Selangor MACC, asking that Teoh be released. However, MACC officials claimed that they had 24 hours to question him.

“This shows that Teoh was definitely in the custody of the MACC. Under Section 15 of the Criminal Procedure Code, an arrest occurs when you confine the person (physically). Thus there was unlawful detention or arrest of Teoh.

“If there had been no detention, they should have allowed Teoh to go home at around 9pm or 10pm and requested him to come back the next day. He was definitely held against his will.”

After Teoh's death, the MACC said Teoh was merely a witness in the investigation, but did not state that he had been arrested or detained. It also claimed that Teoh wanted to rest for a while at the office after he had been allowed to go.

Preliminary police investigations have, however, found out that Teoh's mobile phone was still with the MACC at the time of his death.

Ramli said MACC should have issued an acknowledgment to Teoh upon his release, listing all the items they had taken from him.

“If no (such) list had been given to Teoh, it is difficult to say that he had been allowed to leave the office,” noted Ramli.

MACC has not confirmed if an acknowledgment list was given to Teoh.

An inquest to probe the circumstances surrounding Teoh's death is due to start tomorrow, and will continue to Aug 12.

Teoh’s youngest sister Lee Lan, 29, who spoke for the family, told reporters who had gathered at the temple that they had nothing much to say.

She only reiterated the family’s disappointment that an inquest would be held to probe Teoh’s death and not a Royal Commission of Inquiry that they had wished for.

Teoh, a political secretary to Selangor state executive councillor Ean Yong Hian Wah, was found dead on the fifth floor of Plaza Masalam in Shah Alam on July 16, hours after giving statements to MACC at its office on the 14th floor. He was buried at the Nirvana Memorial Park in Semenyih last Monday.

Prime Minister Datuk Seri Najib Tun Razak had announced an inquest to probe his death and a Royal Commission to look into Malaysian Anti-Corruption Commission’s investigation and questioning procedures.

Sunday, July 26, 2009

Selangor executive councillor Ean Yong Hian Wah today lodged a police report against a blog that accused him of being involved in corruption and his colleague Ronnie Liu of siphoning off state funds in 2008.

Speaking to reporters before lodging the report at the Shah Alam police district headquarters, Ean said the blog "wanted to shift people's attention from the controversial death of his political aide Teoh Beng Hock."

The blog had accused Liu and Ean of having a hand in Teoh's death and that they were involved in corrupt practices, particularly with state funds meant for the MCA-held Sungai Pelek constituency.

"The blog also tried to implicate me in Teoh's death by accusing me and Liu of forcing him (Teoh) to collude in unlawful activities.

"These are all lies as Teoh never worked for Liu and he was never involved with the Sungai Pelek allocation affairs," he said.

Ean, who is also mulling filing a report with the Malaysian Communication and Multimedia Commission, also claimed that the blog was aimed at "disrupting unity among Pakatan Rakyat partners."

Liu, who initially did not agree to lodging a police report against the blog, said he agreed to it following the "advice he received from his DAP colleagues."

"I did not plan to lodge a police report because I don't believe in the police. I also stressed before that I would not report to the Malaysian Anti-Corruption Commission (MACC) either as I have lost faith in them.

"But my friends from DAP and the top Pakatan leadership said that I still need to lodge a report to avoid our enemies from manipulating the facts...and to show that I don't have anything to hide," said Liu, who has repeatedly denied the allegations.

Liu: I am an easy target

The blog titled 'Truth for Teoh Beng Hock' had posted documents to back its claim that 84 'projects' amounting to more than RM200,000 in the Sungai Pelek constituency were awarded to Liu's special assistant and Selayang councillor Wong Chuan How.

Sungai Pelek is a state seat held by Yap Ee Wah of the opposition Barisan Nasional.

Yesterday, Liu and Ean again reiterated that they have been defamed by the blog which alleged that the late Teoh had proof of the duo's corruption.

Teoh was found dead last week at the fifth floor landing of Plaza Masalam, Shah Alam, several hours after being questioned at the Selangor MACC on the 14th floor of the same building.

Today, Liu claimed that MACC will take action against him and Ean "although no report was lodged by anybody" over the allegations in the blog.

He also labelled himself as an "easy target for false allegations" as he is the state exco for local development.

Meanwhile, Shah Alam PAS parliamentarian Khalid Samad, who was also present, accused Umno and BN of trying to wreck Pakatan's unity in Selangor by targeting DAP.

"We all know that all the state fund expenditure has been posted on Liu's blog and this shows that the current state government now is more transparent," he said.

The Teoh Beng Hock tragedy has stunned Malaysians and shaken a key government body to the core.

JUST a little over a week ago, few had heard of Teoh Beng Hock. Today, everybody knows his name.

His tragic death at the premises of the Malaysian Anti-Corruption Commission (MACC) has set off an unprecedented chain of events and reactions. There have been tears and heartbreak, anger and confusion, accusations and counter-accusations.

And most of all, there have been too many questions and not enough answers.

On a more emotional level, Teoh’s death was something many could identify with – the death of a family member. It was talked about in homes, offices and coffee-shops. The blogs and websites throbbed with discussion and conspiracy theories on it.

Videos on YouTube brought the intensity of the tragedy right into people’s homes while the Chinese vernacular papers devoted one page after another to the human drama behind his death and funeral.

One Chinese newspaper even linked his death to the solar eclipse, which coincided with the seventh day of Teoh’s death, a day that many Chinese believe the soul will revisit loved ones. The newspaper superimposed a picture of Teoh on the blacked-out sun, accom­panied by a Chinese couplet: “On Beng Hock’s seventh day; Heavenly dog devours the sun.”It made for very compulsive reading.

But the most poignant aspect of this tragedy has been the purity of his mother’s grief. The depth of her loss was profound the night his body arrived at their Malacca home and throughout the five-day wake, it was apparent that she could not come to terms with his death.

It has not been easy for this unassuming family to have to share their loss on such a public and political stage. As one journalist from Malacca noted, it was the “biggest political funeral” he had ever seen.

Apart from the top political names who filed through the neighbourhood, the funeral procession resembled a political event with mourners hoisting long banners calling for “Justice for Teoh Beng Hock”.

One banner was as big as an Olympic-sized swimming pool and had to be carried horizontally by a team of people the way the Olympic flag is carried.

“This issue has reached the heart of the com­munity. Women and mothers relate to it,” said former DAP leader Kerk Khim Hock, who hails from Malacca.

The Cabinet decision to have a Royal Com­mission of Inquiry (RCI) as well as an inquest is aimed at finding answers to what had happened and, hopefully, to ensure justice for Teoh and his family.

The RCI will look into the interrogation methods of the MACC while the inquest will seek to answer questions over the cause of Teoh’s death – whether it was murder as claimed, an accident or suicide.

The Cabinet’s swift decision shows that it is in tune with the mood out there. There are very strong opinions on the issue and any delay would have fuelled the unhappiness and sense of wrongdoing among a large segment of society.

Detractors have argued that having a RCI will set an unnecessary culture but a lot is at stake for the administration of Datuk Seri Najib Tun Razak and he really wants to get to the heart of matter.

The composition of the RCI is also crucial because it will have bearing on the credibility of the commission. It should comprise people of impeccable standing and certainly it cannot include people with any sort of political baggage.

“Let the investigation be transparent, we are also interested to know what happened. The Government has nothing to hide. We want the world to know what happened,” said one Umno division chief from Kelantan.

But there is also strong opinion that the RCI should extend its scope to look into the cause of Teoh’s death. They say this is a burning issue and that the RCI will have more credibility than an inquest to examine Teoh’s death.

In the meantime, the blame game has not ended on the Internet. While people sympathised with the Teoh family, perspectives on the nature of the tragedy and what ought to be done seemed to be shaped by one’s race.

The DAP has targeted the MACC, with accusations against the government agency ranging from outright murder to selective investigation and unprofessionalism.

Party leaders accused the MACC of a concerted effort to investigate their people with the aim of destabilising the Selangor government.

This has infuriated Umno politicians and members who have stood up for the MACC and accused the DAP of politicising the death. Some Umno-linked newspapers have even defended the government body as a “Malay institution”.

Members from Umno’s Ampang division took to the streets to protest the condemnation of the MACC.

Minister in the Prime Minister’s Depart­ment Datuk Seri Nazri Aziz was roundly condemned when he immediately jumped to the MACC’s defence. But the maverick politician has also been the only Malay figure to openly support the Teoh family’s desire to have his unborn child bear his surname.

The issue has pitched the DAP squarely against Umno in a sort of Chinese-dominated party versus a Malay party.

Umno feels compelled to defend institutions like the police, army and government bodies because almost every Malay has a family member, relative or friend in these outfits.

As such, the broad tarring of such institutions as incompetent and corrupt not only hurts the feelings of those in Umno but also that of ordinary Malays out there.

Then there is the moral aspect. Malay sympathy for the deceased is also coloured by the fact that his fiancee is pregnant. The Muslim in them view such situations quite differently.

But not all of those from the other side assumed a political stance. Wanita Umno chief Datuk Seri Shahrizat Jalil crossed the racial divide when she visited the family house after the funeral and sat talking to the family while holding on to Teoh’s mother. She has also offered to look into the family’s welfare.

Kuala Selangor MP Dr Dzulkifli Ahmad had taken an active part in the debate on the MACC bill when it was tabled in Parliament last year.

“I am trying to be level headed but my worst fears have come true six months down the road. The eventual (MACC) Act was watered down from the original promise and I had serious reservations about its execution. You can debate a bill till the cows come home but the crux lies in its implementation,” he said.

Given this, Dr Dzulkifli was one angry man on the day Teoh died and was among those who staged a sit-in in front of the MACC building.

“He was a public servant. Yet, you have this mishandling of someone coming in to help in an investigation and it ended so tragically. You think people are going to take it lying down and smiling?” he said.

The MACC had enhanced powers but the ethos, the purpose and intent of the new organisation were not clear and the fact that something like this should happen so soon after it was set up is a blow to its image.

Scepticism over the RCI is understandable because the last two royal commissions have fallen short of expectations. Political commitment to carry out the proposals of the RCI is important; some heads will have to roll and there will have to be procedural changes.

The DAP will also have to take a hard look into its own house, particularly the fact that its very own people are under probe for graft after slightly more than a year in power.

It has every right to feel upset that the MACC seems so keen to dig into how its assemblymen spend their allocation while ignoring the elephant before its eyes, namely, Datuk Seri Dr Mohd Khir Toyo’s fabulous house. Many Malay­sians share the perception.

But two wrongs do not make a right and no one can truly claim the moral high ground in this tragedy.

Integrity is crucial to any government institution and public perception does not weigh in the MACC’s favour on this count. The tragedy and the RCI may be the chance for the government body to make a fresh and credible start.

Almost everyone has an opinion on Teoh’s death. But at the heart of it all is a real desire for government institutions to be competent, accountable and professional.

Saturday, July 25, 2009

A minor mix-up of dates by Malay daily Utusan Malaysia resulted in a witness in the police probe on Teoh Beng Hock's death being recalled by the police for questioning.

Woo Chuan Seng, Teoh's best friend, told the press on Thursday that he last spoke to the deceased on July 15 - a day before his tragic death.

But unlike all other media, Utusan Malaysia had erroneously reported that the duo spoke on July 16 and for this, Woo received instructions late last night to appear before the Section 11 Shah Alam police station to clarify the dates.

Contacted today, Woo's legal counsel Lim Lip Eng let out a big sigh over the episode and chided the police for not contacting the Utusan's journalist instead.

“My client lives far away and by coming here, he has been inconvenienced a second time because of mistake by someone else,” said Lim, who is also Segambut MP.

“Where is the professionalism? Why are they so afraid to call up the Utusan reporter?” he added.

Lim, who accompanied Woo to the police station, said he had posed this question to the investigating officer, but was met with a wide smile as a reply.

All over in 15 minutes

According to Lim, the investigating officer said the police could not obtain clarification over the phone from Woo because he was required to sign certain documents.

The whole process today was over in about 15 minutes after an additional statement was recorded from Woo and after he showed the investigating officer - for the second time - a text message from Teoh on his phone.

On July 15, Teoh sent Woo a text message at 7.30am to ask him to be his best man at his wedding slated for Oct 3 and called him an hour later to enquire if the latter agreed.

Woo said he agreed to Teoh's request and the latter sounded very jovial.

Teoh, was to be have his civil mariage registered to two-month pregnant Soh Cher Wei, 28, on July 17.

Teoh was found dead on July 16 at the fifth floor landing of Plaza Masalam, Shah Alam several hours after being questioned at the Selangor Malaysian Anti-Corruption Commission on the 14th of the same building.

PETALING JAYA: The cause of death of political aide Teoh Beng Hock should be included in the terms of reference of the Royal Commission of Inquiry to be formed to look into the investigative procedures of the Malaysian Anti-Corruption Commission.

“What is of paramount concern to the deceased’s family and the country at large is the cause of death and nothing else,” the National Council of Justices of the Peace Malaysia secretary-general Datuk M. Rama lingam said in a statement Friday.

He also said the Government’s decision to hold an inquest by a coroner under the provisions of the Criminal Procedure Code may not have the force and efficacy of a royal commission, which has wide-ranging powers.

A royal commission, he said, would include recommendations of criminal charges or otherwise against any person or body with far-reaching consequences.

PKR Youth chief Shamsul Iskandar Mohd Akin, who was with Nasrudin to hand over a memorandum to Suhakam here yesterday, said the inquest would not be effective as the public had a negative perception of the judiciary and asked that Suhakam come up with its own commission to look into the case.

Suhakam commissioners Datuk N. Siva Subramaniam and Datuk Dr Abdul Monir Yaacob said they would forward the memorandum for consideration at its meeting on Thurs- day.

In another development, Asean Strategy and Leadership Institute (Asli) centre of policy studies chairman Tan Sri Ramon Navaratnam said the terms of reference for the Royal Commission of Inquiry should include the circumstances leading to Teoh’s death and the environment surrounding the site of tragedy.

BANGI: The decision to form a Royal Commission of Inquiry and hold an inquest into the death of political aide Teoh Beng Hock is in accordance with the country’s laws, Datuk Seri Najib Tun Razak said.

The Prime Minister said that the setting up of the commission and its scope of duties were provided for under the law, while the inquest to investigate Teoh’s death comes under provisions outlined in the Criminal Procedure Code.

“What we decided is in line with the provisions of the country’s laws.

“We are interested in the truth, whether it is in the form of a Royal Commission or an inquest.

“It’s not about politicising it or about gaining political advantage. It is to find the truth and to tell the family what really happened.

“We will find the truth and the findings will be made public.

“That is the most important thing,” Najib stressed after launching the National Green Technology Policy and green energy office of the Pusat Tenaga Malaysia head office here yesterday.

He was commenting on calls by many parties for the Government to broaden the terms of the reference of the Royal Commission to include the investigation into Teoh’s death.

On Wednesday, Najib said the commission would look into the Malaysian Anti-Corruption Commission’s (MACC) investigation procedures and find out if any human rights violation occurred with regards to Teoh’s questioning, while the inquest, to be headed by a magistrate, would look into the cause of Teoh’s death.

The 15-day inquest into Teoh Beng Hock’s unusual death at the MACC headquarters on 16th July 2009 which is to begin on Wednesday, 29th July till August 12 should be halted to allow for the Cabinet to review and widen the terms of reference of the Royal Commission of Inquiry into the causes of Teoh’s death to command public confidence in public institutions and the Prime Minister.

The contention by the Attorney-General Tan Sri Abdul Gani Patail that an inquest by the magistrate under the Criminal Procedure Code (CPC) was the right recourse, as the CPC was a specific legislation that made provision for a death inquiry, and that “holding a similar inquiry by the royal commission would be duplicitous in such instance” is totally unpersuasive and unconvincing.

In the first place, the Attorney-General should brush up his command of the English language. “Duplicitous” is derived from “duplicity” described as “double-dealing, deceitfulness” (Oxford Compact English Dictionary) What Gani intends to say is “duplication”.Gani referred to Section 2 of the Commissions of Enquiry Act 1950 to buttress his contention claiming that it “clearly makes reference to the inquiry into the conduct and management of government officers and departments or for the public welfare”.

Section 2(1) of Commissions of Enquiry Act 1950 reads:

1) The Yang di-Pertuan Agong may, where it appears to him to be expedient so to do, issue a Commission appointing one or more Commissioners and authorizing the Commissioners to enquire into—

(a) the conduct of any federal officer;

(b) the conduct or management of any department of the public service of Malaysia;

(c) the conduct or management of any public institution which is not solely maintained by State funds; or

(d) any other matter in which an enquiry would, in the opinion of the Yang di-Pertuan Agong, be for the public welfare, not being—

(i) a matter involving any question relating to the Islamic religion or the Malay custom; or

(ii) in relation to Sabah or Sarawak, a matter specified in item 10 of the State List.

There is nothing in Section 2 of the Commissions of Enquiry Act 1950 to bar or prohibit the establishment of a Royal Commission of Inquiry into the series of events in the conduct of MACC officers leading to Teoh’s death, how a healthy, vibrant and idealistic young political activist, who is to register his marriage the following day with a two-month child, making active plans for his marriage just before summoned to MACC, should end up as a corpse after going to the MACC headquarters.

There is nothing “duplicitous” in having a Royal Commission of Inquiry although there may be duplication if an inquest is also held. The solution is for the inquest to be held back until after completion of the Royal Commission of Inquiry into all the circumstances and causes of Teoh’s death.It is illogical and downright irresponsible to artificially chop the circumstances and causes of Teoh’s death into two parts, one to be investigated by an inquest and another by a Royal Commission of Inquiry – with the Royal Commission of Inquiry dealing with the portion of lesser importance, whether Teoh, who has died, had his human rights violated when the paramount question is how and why he died!

The reasons why the Cabinet should establish a Royal Commission of Inquiry are crushingly decisive, and include:

• A Royal Commission of Inquiry is more likely to command public confidence – depending on its terms of reference and composition – than an inquest;

• An inquest is more limited in scope, tied to police investigations while a Royal Commission of Inquiry has wider-ranging powers to go well beyond the confines of police investigations to probe into the causes of Teoh’s death, which includes the MACC’s interrogation of Teoh;

• An inquest will be conducted by a magistrate, the lowliest cog in the judicial system. After two decades of prolonged national and international crisis of confidence in the independence, impartiality and integrity of the judiciary, particularly in high-profile political cases, Malaysian public have no confidence in High Court, Court of Appeal and Federal Court judges. How can the Cabinet expect public confidence to be vested in a magistrate, who will be even more vulnerable to pressures. In contrast, a Royal Commission is headed either by a former judge or former Chief Justice (like former Chief Judge of Malaya, Justice Anwar heading the Royal Commission of Inquiry into Anwar Ibrahim’s black-eye scandal in 1999 and former Chief Justice, Tun Dzaiddin heading the Royal Commission of Inquiry into the 2005 police nude ear-squat scandal). This is because former judges, former Chief Judge or former Chief Justice are perceived as less vulnerable to improper political pressures.

Furthermore, there are Commonwealth precedents of public inquiries into extraordininary deaths.

In 2004, the Ipperwash Inquiry was established by the Government of Ontario under the Public Inquiries Act. Its mandate was to inquire and report on events surrounding the death of Dudley George, who was shot in 1995 during a protest by First Nations representatives at Ipperwash Provincial Park and later died. The Inquiry was also mandated to make recommendations that would avoid violence in similar circumstances in the future.

Section 329 of the Criminal Procedure Code on “Duty of police officers to investigate death” states:

(1) Every officer in charge of a police station on receiving information -

(a) that a person has committed suicide;

(b) that a person has been killed by another, or by an animal, or by machinery, or by an accident;

(c) that a person has died under circumstances raising a reasonable suspicion that some other person has committed an offence;

(d) that the body of a dead person has been found, and it is not known how he came by his death; or

(e) that a person has died a sudden death,

shall with the least practical delay transmit such information to the officer in charge of the police district.

(2) On receipt of the information the officer in charge of the police district or some other police officer acting under his directions and being either the officer in charge of a police station or a police officer not below the rank of sergeant shall immediately proceed to the place where the body of the deceased person is and there shall make an investigation and draw up report of the apparent cause of death, describing the wounds, fractures, bruises and other marks of injury as may be found on the body, and such marks, objects and circumstances as, in his opinion, may relate to the cause of death or the person, if any, who caused the death, and stating in what manner or by what weapon or instrument, if any, the marks appear to have been inflicted.

Can the Police or Attorney-General explain why Teoh’s death was classified as “sudden death” under Section 329(1)(e) when it should more appropriately be classified under Section 329(1)(d) – “that the body of a dead person has been found, and it is not known how he came by his death”.

This question is pertinent and relevant as it raises the question whether the Police had right from the beginning tried to be protective of MACC instead of getting at “the truth, the whole truth and nothing but the truth” over Teoh’s death?

Yesterday, on behalf of the Teoh family, I had faxed an urgent letter to the Prime Minister, Datuk Seri Najib Razak conveying the family’s request for an urgent meeting with the Prime Minister, as their request for a Royal Commission of Inquiry into Teoh’s death had not been properly conveyed to the Cabinet by the MCA and Gerakan Ministers as well as Najib’s political secretary when they visited the Teoh family during Teoh’s wake.

I had not received any reply from Najib to my earlier fax asking for a meeting with him at the first available time when he returned from overseas on Teoh’s death. May be he had not received my earlier fax.

I hope Najib would set a good example to all Ministers and public servants and give a prompt response to my fax yesterday on behalf of the Teoh family.

Friday, July 24, 2009

PETALING JAYA: The inquest into the death of Teoh Beng Hock will be held from July 29 till Aug 12.

Selangor police chief Datuk Khalid Abu Bakar said that he was informed of the date by the Shah Alam magistrate’s court Friday.

The police would close the investigation into Teoh’s death before the inquest began, he told Bernama.

Meanwhile, Attorney-general Tan Sri Abdul Gani Patail said an inquiry by the magistrate under the Criminal Procedure Code (CPC) was the right recourse, as the CPC was a specific legislation that made provision for a death inquiry.

He said he had acted under Section 339(1) of the CPC to direct the magistrate to hold an inquiry into the cause of and the circumstances connected with the death of Teoh Beng Hock and the magistrate is duty-bound to hold an inquiry.

He said a magistrate’s inquiry was more appropriate than a Royal Commission of Inquiry.

“It is only proper that a court of law determines the cause of death and matters related thereto,” he said in a statement.He added that under Section 333 of the CPC, a magistrate can hold an inquiry into the cause of death and holding a similar inquiry by the Royal Commission would be duplicitous in such instance.

“In the case of Teoh Beng Hock, it is undoubtedly clear that the adequate recourse and appropriate venue are provided by the law for cases of this nature,” he said.

Gani said the formation of the Royal Commission was rightful and lawful for the purpose of inquiring into the procedural aspects of the Malaysian Anti-Corruption Commission in carrying out investigations.

Citing Section 2 of the Commissions of Enquiry Act 1950, he said it made clear reference to the inquiry into the conduct and management of government officers and departments or for the public welfare.

“Therefore, it cannot be overstretched to cover an inquiry into the death of this nature, wherein an inquiry by the magistrate under the CPC is more appropriate and sanctioned by the law,” he said.

Meanwhile, a cut on Teoh Beng Hock’s wrist provides another twist to the investigation into his death.

The investigators are trying to establish whether the cut was self-inflicted, or if Teoh was coerced into cutting his wrist, or if the injuries were sustained during the fall.

The injuries were found on Teoh’s right wrist, and Teoh is said to be right-handed.

Inspector-General of Police Tan Sri Musa Hassan confirmed there was a laceration on Teoh’s wrist.

“But we have not drawn any conclusion. We are still awaiting the pathology report before wrapping up the case,’’ he said.

Two pathologists from University Malaya Medical Centre and Tengku Ampuan Rahimah Hospital in Klang revisited the site of incident to establish certain facts.

Musa said investigations should be completed soon as the inquest was set to commence next week.

WELL, a Royal Commission will look into interrogation procedures while the tragic death of young political activist Teoh Beng Hock itself will be investigated by an inquest to be headed by a magistrate.

But, really, all these would have been totally unnecessary if the key recommendation of another Royal Commission, headed by a former chief judge and assisted by a former inspector-general of police or IGP had been followed – for the setting up of the Independent Police Complaints and Misconduct Commission or IPCMC.

The IPCMC should have become the institution that independently, fairly and firmly investigates all transgressions by the police and other related agencies, and in some cases even metes out punishment for these. We badly need an institutionalised process to deal with malpractices by enforcement agencies.

The Royal Commission on the police was set up in 2004 and was headed by Tun Mohammed Dzaiddin Abdullah with Tun Mohammed Hanif Omar as deputy chairman. Its findings were made public the following year.

It had recommended the setting up of the IPCMC and even enclosed draft legislation for that purpose, detailing its powers of investigation and inquiry to help fight corruption in the force and to investigate public complaints.This commission should of course be extended to other enforcement agencies such as the Malaysian Anti-Corruption Commission (MACC) from whose building Teoh fell to his death after at least 10 hours of continuous interrogation which went late into the night.

The current IGP has told us Malaysians not to speculate on why Teoh fell to his death, assuring us that the police will fully investigate the case.

But the public is bound to speculate on the reasons, and the only way such speculation can be stopped is to get to the truth of the matter.

The public is not going to have confidence in a fellow law-enforcement agency – the police – investigating a case which may implicate the MACC. The basic premise of that – and it is a reasonable one – is that police investigations will be coloured when they investigate fellow officers.

The inquest into Teoh’s death, to be headed by a magistrate, will have limited value because it can in most cases establish only whether or not there was foul play. A magistrate’s inquest will not find the culprit – if there is one. So what’s the point?

The next Royal Commission of Inquiry will be set up to look into interrogation methods by the MACC. This area has already been covered and recommendations made by the IPCMC, but these are yet to be fully implemented. What applies to the police should similarly apply to the MACC as far as interrogation is concerned.

To amplify the point, it helps to look at the previous recorded case of death following interrogation, that of A. Kugan, earlier this year. Then as now, the police gave an assurance that there would be full and fair investigations and no cover-up.

The first post mortem on Kugan was contradicted by a second post mortem which found that Kugan was tortured while under police detention. Subsequently, a 10-man “independent” committee studied the two post mortems but without the benefit of the body, which had been buried.

They “unanimously agreed” there was no evidence of thermal injuries in the skin on the back of the deceased as reported in the second post mortem. Their findings were revealed by Health Director-General Tan Sri Dr Ismail Merican. But the composition of the panel was not revealed.

The police have said that their investigations are complete and have been submitted to Attorney-General Tan Sri Gani Patail. But so far, six months after Kugan died, no one has been charged.

There have been many other deaths in custody but no one has been brought to book so far. According to the Royal Commission report on the police, in 2004 alone, there were 15 deaths in police lock-ups through out the country, involving people of all races. Of this only in one case was there an instruction to prosecute.

That indicates clearly and without any ambiguity the extent of mistreatment that does take place at police stations and lock-ups and the need for independent investigation of these circumstances.

Independent and fair investigation can only be done by an independent body headed by credible people who have wide-ranging powers under the law to not only investigate but to prosecute as well.

The police themselves strongly and openly lobbied together with other bodies against the setting up of the IPCMC.

Subsequent events have clearly showed that the IPCMC should have been set up and that the action of the police and related agencies, including the MACC, should be closely monitored by an independent body.

No less than a former chief judge, a former IGP and other distinguished panellists have said so in their recommendations for the police.

It is too early to say who caused Teoh’s death but the truth is going to be very difficult to establish without the IPCMC or a similar body.

If anyone has no doubts as to whether the police and related agencies can fairly investigate cases against their own kind, ask yourself this question: How many of us would send our own sons to prison or to the gallows even if they did wrong?

In every country where an independent body has been set up to oversee the behaviour of police and related agencies, there has been a considerable reduction in police corruption and misconduct. That will benefit everyone irrespective of race, creed or religion.

So let’s do the right thing and set up the IPCMC. In that way we can be sure that the deaths of Teoh, Kugan, etc, will at least be fairly investigated, and every effort made to bring the culprits to book. In that way too, their deaths would not have been completely in vain.

DAP urges the Prime Minister Datuk Seri Najib Tun Razak to extend the terms of reference for RCI into the death of DAP’s Teoh Beng Hock to fully investigate the cause of death, identify the culprits responsible as well as identify and overcome weakness to prevent any more custodial deaths.

The Teoh Beng Hock RCI should be concerned not just about the human rights that were violated as a result of Malaysian Anti-Corruption Commission’s (MACC) interrogation methods but also for causing the loss of human life.

The BN government must respect the wishes of Beng Hock’s family calling for a full RCI instead of the superficial RCI set up that appears to hide rather than disclose what happenend. Malaysians can not understand why the government is so concerned about Teoh’s human rights when Teoh is dead. There should be total focus on finding the real culprits and determine the truth so that justice can be done for Beng Hock.

Further the members and Chair of the RCI should be independent and we propose Senator Tunku Aziz as the Chairman. Even though Senator Tunku Aziz is from the DAP, he is a well respected person of impeccable integrity and upright reputation who was not only the President of Transparency International but also International Vice-President of TI.

Many of you do not know Teoh Beng Hock a week ago.

But now every Malaysian who reads will know who is Teoh Beng Hock - his open pleasant face, his distraught fiancé and his twisted body lying grotesquely on the Malaysian Anti-Corruption Commission (MACC) building imprinted indelibly in our minds.

I vaguely remembered meeting him once. He was one of the many idealistic, bright and young Malaysians who joined the DAP after the political tsunami on 8 March 2008 that transformed our political landscape.

Teoh wanted to participate in the flowering of democracy and forge the real changes that promised equal opportunity, good governance and justice. Teoh wanted to be part of this amazing transformation shaping his country and future.

Let us honour him by ensuring that there would be no more Teoh Beng Hocks cases again and donating to the Teoh Beng Hock Trust Fund to look after the financial needs of his unborn child

He wanted to serve the public, through his position as a personal assistant to a Selangor State EXCO member.

This wish to serve has tragically cost Teoh his life, taking him away from his loved ones. Denying his parents of a son, his fiancé of her husband and his unborn child of a father.

Teoh is not the only one. Before him there were many others, Indians Malays and Chinese but he was the first DAP member to die so cruelly.

I am still in a state of shock and am terribly upset at the MACC for allowing this to happen when Teoh was under their custody. Much as we know the evil that lurks within our security agencies, we are still shocked at such acts of depravity. Whilst the many officers are decent human beings, it is always the few criminal elements that shatter any belief that our security forces can protect us or genuinely fight corruption.

We can ask the police why they are wasting public resources to arresting PR leaders and members but not focusing their energies on criminals threatening our safety. We can ask the MACC why they are interrogating hapless personal assistants over a few thousand ringgit for 11 hours till 3.45 am(who are not even suspects) but not applying the same harsh approach on those named in the RM 12.5 billion Port Klang Free Trade Zone scandal. We can also ask why the police and MACC allow themselves to be used as political weapons of BN.

But I choose to ask what wrong has Teoh done to deserve this? He did not steal or kill, he was only trying to do his job to serve and change Malaysia.

Which is perhaps why I cry but there are no tears!

Nothing said or done would ever wipe out the tears of Teoh’s loved ones. But if there is one duty we can do, it is to stop the deaths. To make sure that there are no more bright, young and idealistic Malaysians like Teoh dying in the hands of police or MACC.

This is one duty that all Malaysians whether fathers or mothers, sons or daughters must undertake. That we must clean up the police force and the MACC to make Malaysia safe for our children.

I still see Teoh’s crooked body lying there so helplessly in the MACC building. Like all Malaysians, we feel sad that we got to know Teoh Beng Hock after his death. But the memory of his ultimate sacrifice shall reside in our minds for the rest of our lives. We shall honour him by ensuring that there are no more Teoh Beng Hocks. And his dreams of a better Malaysia shall live in our hearts as long as we breathe.

Teoh Beng Hock Rest In Peace! The DAP shall establish a trust fund for your unborn child to ensure that he is taken care of known as the “TEOH BENG HOCK TRUST FUND”.

Details Of The Teoh Beng Hock Trust Fund

The Trust Fund’s purpose is to look after living, medical, education and other financial needs of the unborn child of late Sdr Teoh Beng Hock.

Bank account: Public Bank (Cawangan A/c No. 3154 127 533)

This is the only trust fund set up for the welfare of Sdr Teoh’s unborn child. The family has not given consent for the setting up of any other fund for this purpose.

Beng Hock's baby boy born

Important!

Sdr Teoh Beng Hock (1979-2009)

We are mourning the death of Sdr Teoh Beng Hock who passed away on 16th July 2009.

Sdr Beng Hock was invited by the Selangor MACC (Malaysian Anti-Corruption Commission) to assist in their investigation into constituency allocations. He went to the MACC Headquarters at around 5.40pm on 15th July 2009 but never came back. His body was found on the 5th floor of Wisma Masalam at 1pm on 16th July, less than 20 hours later. The MACC office is located on the 14th floor of the same building.

Sdr Beng Hock previously worked as a reporter for Sin Chew Daily and joined the office of Selangor Exco, Ean Yong Hian Wah after the 2008 General Election as the latter's political secretary. He was a helpful and diligent young man, liked by all who worked with him and cherished by those who are his good friends.

The death of Sdr Beng Hock is shrouded in mystery and a slew of unanswered questions. It involved a power law enforcement agency in the country – MACC - that was supposed to protect the interests of the people and the country. There have been many police custodial deaths but this is the first case of death in the custody of the MACC.

We demand answers and a detailed explanation of the death of Sdr Beng Hock. We demand justice for Sdr Beng Hock!